She was terminated from her job at a nursing care facility following a state investigation.

In May-June 2009, the Michigan Department of Community Health (MDCH) was investigating Omni Continuing Care, one of the nursing care facilities owned and operated by Southfield-based Ciena, following complaints that the facility was violating the standard of care. Williamson, a respiratory therapy manager for the facility, fully complied with the MDCH, while other management members were allegedly hindering the investigation and/or were evasive.

The investigation was completed June 30, 2008, and the MDCH issued eight “immediate jeopardy” citations — the most critical types of MDCH citations that can be issued — in response to what was found in the nursing department. The facility was to be fined daily until it could come up with a plan of correction to be approved by the state.

None of the violations were related to the respiratory therapy department, where Williamson worked. However, Williamson was fired after it was reported that the wrong-sized spare trachs — the devices that go into the neck as part of a tracheotomy — were found in the drawer at the respiratory machine.

Plaintiff asserted that her termination was in response to her full cooperation with MDCH, whereas no one from the nursing department — the department where the MDCH issued its eight citations — was fired.

It also was contended that charts and records from the facility’s respiratory therapists showed the correct-sized spare trachs were where they should have been at the time the company contended they weren’t.

In addition, because she did not have a bachelor’s degree in her field, and did not have the resources to earn one, plaintiff asserted that she could not obtain a similar job at a hospital — whereas her associate’s degree allowed her to work with vent and life-support machines at nursing care facilities, but very few nursing care facilities used vent and life-support machines.

Defendant contended that it was the discovery of the wrong-sized trachs, and not any whistleblower matters, that was the basis for her termination.

The jury deliberated 90 minutes before finding for the plaintiff and awarding a $725,000 verdict, broken down as $126,000 in back pay and benefits; $349,000 in future lost pay and benefits; and $250,000 in damages for mental and emotional anguish, humiliation, anxiety and depression.

Type of action: Type 2 whistleblower

Type of injuries: Job loss, lost wages and benefits, mental and emotional anguish